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Showing posts with the label criminal liability

Accountability of Advocates in Professional Advice: Supreme Court’s Ruling in Vinod v. State of Rajasthan

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Accountability of Advocates in Professional Advice: Supreme Court’s Ruling in Vinod v. State of Rajasthan By Advocate Abhishek Jat The Supreme Court of India, in its recent decision in Vinod v. State of Rajasthan (Criminal Appeal No. 4292 of 2024, decided on 15 January 2025), has provided crucial clarity on the professional accountability of advocates, particularly in relation to advice rendered informally. The ruling, delivered by a Division Bench comprising Justice Dipankar Datta and Justice Manmohan, holds particular importance in an era where mobile conversations, WhatsApp messages, and other digital communications frequently come under judicial scrutiny. The central issue before the Court was whether an advocate could be exposed to criminal liability on the basis of advice given casually over a phone call, when such advice subsequently emerged as incriminating material in a criminal investigation. The appellant had argued that as a member of the Bar, his communication with a clien...

Interplay Between Insolvency Moratorium and Criminal Prosecution for Cheque Dishonour: Supreme Court’s Landmark Ruling

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  By Abhishek Jat, Advocate Case Title and Citation Rakesh Bhanot v. Gurdas Agro (P) Ltd., 2025 SCC OnLine SC 728 Background and Legal Context The Insolvency and Bankruptcy Code, 2016 (IBC) was enacted to streamline insolvency resolution and provide a structured mechanism for the revival or liquidation of financially distressed entities and individuals. Central to the IBC is the concept of a moratorium, which temporarily suspends certain legal actions against the debtor to facilitate an orderly resolution process. For companies, Section 14 of the IBC imposes a moratorium upon commencement of the corporate insolvency resolution process, barring legal proceedings against the corporate debtor. For individuals, Section 96 provides for an interim moratorium from the moment an insolvency application is filed under Section 94, typically invoked by personal guarantors. This interim moratorium is designed to halt ongoing or new proceedings in respect of any debt, thereby protecting the debt...